Public Hearing of the request of Novi Mile, LLC, for Planning Commission’s recommendation to City Council for rezoning of property in Section 16, east of Beck Road between I-96 and Grand River Avenue, from OST, Planned Office Service Technology, to FS, Freeway Service District. The subject property is approximately 1.81 acres.

Planner Kapelanski stated that the applicant is proposing to rezone a 1.8 acre site that is located on the east side of Beck Road between I-96 and Grand River Avenue. The site is currently vacant, but was formerly a nursery. To the north is MDOT right-of-way for I-96 and to the east is the balance of the former nursery site. The Wixom Ready-Mix Plant is further to the east, to the south is the former Michigan Laser and across the street is West Market Square.

The subject property is currently zoned OST, Planned Office Service Technology and the applicant is proposing FS, Freeway Service zoning. The site is bordered by OST to the east and south. B-2, Community Business zoning is located on the west side of Beck Road.

The Future Land Use Map indicates office uses for the subject property and the properties to the south and east. Local commercial uses are planned for the western side of Beck Road. The proposed rezoning to Freeway Service would be contrary to the current recommendations of the Future Land Use Map.

The applicant has indicated this rezoning has been proposed to facilitate the development of a gas station and drive-through fast-food restaurant on the site. The staff suggested the applicant submit a Planned Rezoning Overly for the site, but the applicant has elected to propose a straight rezoning.

As the Commission is aware, certain sections of the Master Plan are currently under review including the area encompassing the subject property. The Master Plan and Zoning Committee has been considering maintaining the current OST uses in the area, but adding a retail service overlay provision. The rezoning request could be evaluated differently depending on the finalized Master Plan Update. However, any new districts or provisions included in the Master Plan Update could not be utilized unless a zoning ordinance amendment was approved.

The City’s Traffic Consultant has completed a review of the proposed rezoning and the rezoning traffic study and finds the methodology to be sound. However, there are significant concerns regarding access to the site and the pending Master Plan Update for the area. The recommended Master Plan Update will include provisions for a proposed roadway system to improve circulation in the Grand River Avenue and Beck Road study area, which includes the subject property. Traffic Consultant Rod Arroyo is here this evening to answer questions regarding traffic concerns and could expound on what sorts of improvements are planned for that area.

The Community Development Department recommends denial of this request, as it is not consistent with the current Master Plan, the existing OST zoning is consistent with the future land uses planned for the area and the needed roadway network is not in place to support the retail uses permitted in the Freeway Service District.

The applicant is in attendance this evening.

Mr. Blair Bowman, representing Novi Mile, LLC came forward and stated he was proposing a straight rezoning request for the 1.8 acres. The basis for this requested rezoning is a common sense approach and has been discussed at various levels for the last one and one-half years. Mr. Bowman expressed that the area would be well served by this rezoning and development. Surrounding businesses and property owners have indicated to Mr. Bowman that this would be very supportive for the area. It is consistent with the consensus discussed during the land use and planning process and with the Master Plan process currently underway.

The future land use and zoning have been discussed at the Committee level. Mr. Bowman agrees that the master planning of this entire area is important and has to be followed through with and pursued. Mr. Bowman indicated his group is in ownership of a considerable amount of additional acreage in the immediate area.

Mr. Bowman indicated the application is one small component for which traffic issues and other issues will be dealt with at the site plan approval process. Some terms of a road system will definitely be part of the overall larger plan and program. For this particular small use, the applicant is ready to proceed at this time. The applicant’s Traffic Consultants have indicated that the use would be supported by existing roadways. Anticipated trip generations and sound methodology have indicated that the property could support the use.

Mr. Bowman indicated he would like to move forward with this component and continue to proceed in good faith with the balance of the Master Planning process for the remainder of the property. Mr. Bowman indicated he hopes this is a common sense approach to an initial step in providing positive limited development for the community and the area.

Chair Pehrson asked Member Meyer if he had any correspondence regarding this public hearing.

Member Meyer said there is no correspondence for this item, but does have correspondence connected with the Zoning Ordinance Text Amendment 18.239.

Chair Pehrson then asked if there was anyone in the audience that would like to participate and address the Commission on this matter. Seeing no one, Chair Pehrson closed the Public Hearing on this matter and turned it over to the Planning Commission.

Member Lynch asked if this was the Tim Horton’s / gas station that was referenced at the Committee meeting. He requested the City’s Traffic Consultant Rod Arroyo to come forward and give the Planning Commission his thoughts on what is being proposed and what affect it will have on traffic and circulation.

City Traffic Consultant Arroyo stated that the Commission has a copy of his review letter which provides an assessment of the rezoning traffic study that was supplied by the applicant’s consultant. The primary component of that is a trip generation comparison between uses that would be allowed under existing zoning versus uses that would be allowed under the proposed zoning. The applicant’s consultants provided this information and Birchler Arroyo believes the representation is consistent with the general office currently allowed and as compared with a gas station with convenience store along with the fast food restaurant and drive-through as indicated as a potential development.

Retail, gas station and fast food restaurant uses would typically generate more peak hour trips than an office use. Traffic Consultant Arroyo does have some concerns with the access to Beck Road, particularly regarding left turn access and its impacts on any use in the entire area.

Birchler Arroyo has been working closely with the Master Plan and Zoning Committee and has looked at some alternative access plans on how this quadrant might develop to best handle the traffic circulation. One of the concepts that was discussed was to try to develop a road system that would be able to handle the traffic that would be turning in and out of this particular quadrant north of Grand River and east of Beck Road. The idea is to develop a collector road system that would run east/west from Beck and turn south to intersect at Grand River. Viewing the diagram on the screen, Traffic Consultant Arroyo identified a distance that is roughly one-third of a mile from the intersection of Beck and Grand River and one-third of a mile to the signal at the Rock Financial Showplace.

The concept here would be to have another local street that would end up being put in place on both sides of Grand River. Traveling from the subject site, this new road would enable you to travel south to Grand River and turn right or left onto Grand River, to be able to access locations east/west and north/south of the subject site. This type of system could either restrict left turns in and out of the subject property or possibly to explore whether or not a new traffic signal could be installed. Spacing is an important consideration for traffic signals and would require further study. If a new signal did not go in, left turns left turns may be required to be prohibited at that location. However, entering the site, left turns may be permitted.

None of these questions can be fully answered until there is a site plan along with a full traffic study. At that time, we can evaluate what type of turning traffic is going to occur, what type of potential improvements could be put in place to mitigate level of service issues and how this whole concept impacts the surrounding areas. There are a lot of questions that need to be answered in terms of access, but until more details are provided and more study is done to explore these issues, we cannot answer some of these questions. Traffic Consultant Arroyo said that this is an overview of the information before the Planning Commission at this time and a description of some of the work that has been done working with the Master Plan and Zoning Committee.

Member Lynch stated that the City has some experience with something similar to this on Wixom Road which he believes is a more intense use. There is a Dunkin Donuts, which is like a Tim Horton’s, as well as a gas station and a Taco Bell. There is no signal there and there are a lot of left turns. On the other side of the street is a gas station and Meijer store. Member Lynch thinks this might be something for the Commission to consider as the Wixom Road interchange is very similar to what the Commission has been talking about, and it does not seem to be as bad or intense.

City Traffic Consultant Arroyo stated that there are a couple of differences. At this location, there is the Providence Complex as well as the traffic impact of the Rock Financial Showplace. One of the things that was discussed were the traffic counts taken, and when there is a significant event at the showplace, it can have impacts on the Beck and Grand River intersection. There is a large commercial center on the west side of Beck and there is the potential for additional development. There are some differences particularly when you look at the heavy southbound left turn movement that occurs at times and how that might impact ingress and egress to the site. Another concern is if southbound vehicles are blocking the Beck Road driveway location - if left turns are permitted out of the driveway, waiting vehicles may obstruct vision for those left-turning exiting vehicles.

Member Lynch stated that when he was reviewing this and looked for something that was similar, he thought of the Wixom Road interchange. It is really intense and being that the land is not developed, Member Lynch thought this location would be less intense. At the Wixom Road interchange there is a street that curves around by the bar and out onto Grand River. Member Lynch thought this was similar situation. Member Lynch did not like the idea of the left turns and think those turns could be a problem. Comparing the Wixom/Grand River area and the Beck/Grand River area, Member Lynch believes the Wixom area is much more intense, with the uncertainty of what else is going to get developed in there. Overall, Member Lynch is looking forward to seeing one of the nicest gas stations in Novi and will wait for his colleague’s comments.

Member Meyer stated that he noted from sitting on the Master Plan and Zoning Committee for part of the last year that is seems to him that prudence would dictate that the Commission wait until the final presentation to the Planning Commission and then to the City Council regarding the Master Plan for Land Use, rather than making an exception regarding a 1.8 acre piece. Member Meyer asked Traffic Consultant Arroyo if he thinks there is a traffic issue and that maybe the Commission should make the decision following the Master Plan for Land Use final presentation to the Planning Commission in the next few months.

Deputy Director McBeth answered through the Chair that the Master Plan and Zoning Committee has been wrapping up their final recommendations and there is going to be one more meeting within the next few weeks and then there will be the Public Hearing in front of the Planning Commission.

Member Meyer apologized to Traffic Consultant Arroyo and stated that maybe he should not be asking him that question since the Planning Commission may be the ones who should make the decision. Member Meyer is asking primarily from the viewpoint of traffic and if that is the issue here tonight. Member Meyer believes that there may be a Special Land Use consideration on the 1.7 acres.

Traffic Consultant Arroyo stated that Planner Kapelanski has gone over a number of issues in her report that would be typically analyzed and maybe she would be the one to address all the specific and various issues that come across to Planning. Traffic Consultant Arroyo stated that in terms of traffic, he has provided an overview of his letter. In the case of the rezoning, his firm does not typically make positive or negative recommendations from a traffic standpoint being that it is a land use decision that encompasses a lot of different components and traffic is one of them. Traffic Consultant Arroyo indicated that there is a lot of good information on the table that he hopes is helpful to the Commission in making a decision.

Member Meyer thanked Mr. Arroyo and said he felt that there were two issues here that are impacting and seem to be running against one another. Staff and the Committee have spent one and one-half years on this Master Plan for Land Use Study and Member Meyer still thinks it would be prudent once again to wait until that presentation is made for the Planning Commission and then to the City Council. On the other hand, Member Meyer believes that his goal of sitting on this Commission is to try to be one of the elements of making it a little more user friendly for the City of Novi and less hurdles for developers in order to do business in this city. Member Meyer feels we have done a lot of hard work this past one and one-half years on the Master Plan for Land Use and he does not want to be contributing to what is an image which is held by a number of people, namely that Novi is not a very friendly city to do business in.

Member Cassis asked if Mr. Bowman if he still intended to use this piece of property of 1.8 acres for a gas station with beer and wine.

Mr. Bowman answered Member Cassis by saying that the operator which was here before you is dealing with the ordinance language amendment issue and he would determine that. Mr. Bowman stated that he is primarily here tonight to take the first step in resolving traffic use issues that Mr. Arroyo pointed out and to take the very first step in the process of getting to where he would actually be able to develop the station with whatever applicable ordinance there is relating to beer and wine, traffic and other items that the City regulates.

Member Cassis stated that he is perplexed by the last statement, that whatever ordinance there is for beer and wine or other items that the City regulates. Member Cassis was a proponent in trying to help with the beer and wine situation, but thought at that time a larger piece of property was needed. Mr. Bowman seemed to be coming back with a smaller parcel of property. Member Cassis asked the applicant if he intends to come back later and say that this is all the land I have, and want to include beer and wine at the gas station. Or is the intention to let go of the beer and wine. Member Cassis asked Mr. Bowman if he understood what he was saying.

Mr. Bowman answered that he did understand and that he was very confused that evening. Mr. Bowman is confident that the State regulation that was referred to is either inaccurate or a misplaced interpretation of a State Statute. Mr. Bowman is also quite confident that as this process moves forward there will be an opportunity to discuss if the true intention is to require a 50,000 square foot gas station/convenience center. When the opportunity presents itself to deal with that ordinance, Mr. Bowman feels that a 5,000 square foot facility is comparably large, speaking to those that are of concern to the community. Mr. Bowman understands from a proliferation standpoint that some existing gas stations, or some that might be proposed later that are of a smaller nature, or a kiosk style, is not something the Commission wants to have beer and wine and liquor license issue pertain to. Mr. Bowman fully supports that.

Mr. Bowman stated that this is a sizeable multipurpose facility that is consistent with what is going on in the industry now for a viable operation to build one of the nicest stations in the area and that is what it is going to have to be. It is going to be with a convenience center aspect, fuel delivery as well as a third party tenant in either a Tim Horton’s or Starbucks or something of that nature or something that would be the trilogy going on in the complex. This facility is just under 6,000 square feet and very sizeable compared to other typical stations and is not going to be a Meijer’s, Wal-Mart or Kroger. That is not what the applicant is intending to do nor compete with and the applicant does not want to give the impression to the people in the Providence area who have supported the project that this store would be looking to compete on a regional scale with a major big-box use in that area.

Member Cassis asked Mr. Bowman of the three choices that the Planning Commission was considering last time, that as far as a station with beer and wine, are you leaning into the area of 50,000 square feet.

Mr. Bowman stated that he hoped this was a typo; a 50,000 square foot store is really an absolute prohibition. It is certainly not something we would be proposing.

Member Cassis said that his thoughts were at that time were that the applicant did have more adequate land next to this parcel and that may be a complex. I am trying to understand if the 50,000 square feet is practical or not and that the applicant may be intending to put other uses next to the gas station such as a Tim Horton’s or a Starbucks or other extra things. Maybe the whole complex would be the situation where a 50,000 square foot facility may be applicable.

Mr. Bowman stated that unless he is missing something, this is why this caught him off-guard and he didn’t know where the 50,000 square foot facility came from. Mr. Bowman may have thought that was a 50,000 square foot land requirement and if the Commission looked at the other stations within the community that there might be a concern that they do not meet the requirements or it was a typo.

Member Cassis asked City Attorney Schultz about the 50,000 square foot requirement.

City Attorney Schultz answered that he was not at the last meeting.

Member Cassis apologized and stated that he went along with the program thinking that was what was required.

City Attorney Schultz stated through the Chair that the 50,000 number is a real number, but it is not the only number. The general rule is no liquor at a gas station with some exceptions that apply in the City like Novi. One is, if there is a 50,000 square foot neighborhood center such as Sam’s Club or whatever. The other is, regardless of size a store must carry a certain dollar value of merchandise, which is $250,000. So, Thirteen Mile and Novi Road clearly does not a 50,000 square foot building, more like 2,000 or 3,000 thousand square foot building and according to the LCC those stores must have met the $250,000 worth of merchandise exemption. So when the Commission actually gets to the Zoning Ordinance Amendment as one of the later Agenda items, the real question the Commission is going to be asking is for buildings or developments that aren’t anywhere near like the Sam’s Club or the Meijer’s and will alcohol be an accessory use as far as the City is concerned because it may be a much smaller building. A building of 5,000 square feet is a good size building for one of those markets and on the high end. But, it is not the size at that point that the Commission is looking at. Rather, it is will the station qualify because they have the $250,000 worth of merchandise excluding gas and liquor and if a station is 5,000 square foot they are probably going to meet that requirement with cigarettes, food and deli items and all the things a station of that size would have.

Member Cassis asked City Attorney Schultz would that merchandise all have to be in a gas station or could a complex of uses be adjacent to the gas station.

City Attorney Schultz stated a gas station could be only 2,500 square feet with nothing around it and qualify to sell liquor if they meet the merchandise level or they sort of get the automatic approval if they’re the neighborhood shopping center type. City Attorney Schultz would differ to Planner Kapelanski as far the definition of a neighborhood shopping center.

Mr. Bowman stated that he understood there was going to be a discussion about some conditions and requirements and he was all for that, to make sure there is a quantitative and qualitative approach to putting in minimum standards that the City can apply in the future. Even if the State were to change its requirements or be unable to enforce the regulations, the City would still have their ordinance in place, so a size requirement Mr. Bowman does not disagree with and supports.

Mr. Bowman expressed that he is not looking to build a Kroger competitor from that standpoint at this stage. With all due respect, with the way the boundary lines might be drawn on the update Future Land Use map, this proposal is very consistent with what has been discussed no one has said that this is not a good use for the area. From a use and a land use decision perspective, this project fits right in with the area and Novi Mile will continue to participate in the master plan process with the balance of the site. Roadway issues and all things discussed are truly of great interest to the applicant. Even with this ordinance issue on the beer, wine and liquor license situation, this can be dealt with and the applicant welcomes the opportunity to do that. By any reasonable standards of quality and investment levels, this is not just a gas station. It is a convenience center and a trilogy use that happens to also serve fuel.

Member Cassis stated that he did lead the applicant slightly off-track, but, hopefully that the discussion cleared up a few things. Member Cassis noted staff had some concerns about proceeding with this application prior to the completion of the Master Plan and wondered how the applicant felt about waiting for the completion of that document.

Mr. Bowman noted this small development will fit in with the anticipated recommendations of the Master Plan update and he has been actively involved in that process thus far. Mr. Bowman may not understand the process as well as the administration might, but from the limited amount that he has been involved with it, it seems it has a ways to go and he is simply in a position right now where the market is something no one can predict. This is an extremely high quality proposal and one of the best operators in the area that has been with Novi Mile for almost two years and watching this process and getting more and more concerned. At the same time, the operator is still engaged, still interested in doing the project and would like to simply advance this one modest, positive development opportunity.

Member Cassis stated that as far as the process, it would be best to have a plan for that entire area and the larger parcel in place before any decisions on rezonings are made.

Mr. Bowman stated that it is part of a larger parcel but again, that is not inconsistent with hundreds of different examples in this community and many other communities as far as different zoning districts on a piece of property. I do not think it would behoove anyone to come in and rezone this whole property to Freeway Service. Ultimately Mr. Bowman would hope to discuss and identify a logical place for some of those internal roadway improvements that he will totally support and participate in. This is the first modest step of zoning the 1.8 acres. The balance of the property should be a part of the overall Master Planning process.

Member Gutman stated that this has clearly been discussed with the Master Plan and Zoning Committee. Member Gutman is cheering for this project and thinks it is a good project, but it is not in compliance with the current Future Land Use Map and it is inconsistent with the existing Future Land Uses. Member Gutman addressed Deputy Director McBeth and asked if this use would be permitted in the Retail Service Overlay that the Committee has been looking at.

Deputy Director McBeth stated that this was one of the things that the Committee has spent quite a bit of time discussing when looking at this study area. The uses that had been proposed and have been discussed this evening were uses that were discussed for inclusion in a possible future ordinance language for the Retail Overlay option. There would also be an expectation that there would be certain infrastructure improvements, roads, in particular that staff would expect to see to make this retail overlay area function properly. Also, a roadway plan for the area needs to be defined, as the Committee has been trying to identify exactly where the road system would best be located. These are the types of details that staff would want to make sure were included in the master plan and possible ordinance language. Also, when the ordinance language is drafted there would likely be open-space requirements, standards for the setback, a mix and types of uses. The Committee has been discussing these aspects of the Retail Service Overlay provisions.

Member Gutman asked what other options would be available to the applicant today.

Deputy Director McBeth stated one option would be a Rezoning request with the Planned Rezoning Overlay option. Staff discussed this option with the applicant when they first came in to discuss the rezoning. The applicant had brought a concept plan and there was some confusion before the pre-application meeting as to whether the applicant was requesting a rezoning with the Planned Rezoning Overlay option. It was clarified that it was a rezoning request only. The PRO option has been tried with several other rezoning requests in Novi with some success. The submittal typically involves a Concept Plan. It also requires the applicant to demonstrate a public benefit that would be over and above a typical rezoning request. Another alternative is to wait until the public hearing has been held for the Master Plan and it has gone out for circulation to surrounding communities, Oakland County and utility companies. Staff could draft the ordinance language in the meantime. The timeframe for completing the plan and allowing time for circulation and comments would be about 90 days, including the time waiting for the plan to circulate.

Deputy Director McBeth stated that staff and the applicant talked about a couple of things that could be considered a public benefit for a submitted PRO request. One was a proposed regional detention basin for the site and other properties in the vicinity. Sidewalk improvements that would be above and beyond what would typically be expected were also discussed. But it is really up to the applicant to make the offer and it is not something that the City can insist on.

Mr. Bowman stated while the PRO process is a possibility but it seems that would bring in the need for a set plan for the larger parcel and the overall Master Plan for the area. The use is allowed under the Freeway Service and the types of uses permitted in that district are likely going to be part of the recommended ordinances. The applicant has adjusted the parcel size to accommodate some of the larger right-of-ways and setbacks the City was concerned with. Mr. Bowman is still interested in doing something on a regional basin basis. The details, including the road layout, can be worked out during the site plan review process.

Member Baratta asked the applicant if a 60-90 day delay regarding a decision would adversely affect his deal with Tim Horton’s and the gas station.

Mr. Bowman responded that the delays in the project thus far are why Tim Horton’s in now being referred to as a third party tenant. The Tim Horton’s outlook at the Michigan market has now changed in the last 90 days. The consideration of the Master Plan has to take place as well as the actual development of a zoning district in order for one to be available to file under. This is going to be considerably more than a 90 day delay.

Member Baratta asked if the 90 days would adversely affect your deal.

Mr. Bowman confirmed a 90 day delay would adversely affect the deal.

Member Baratta asked if 60 days would adversely affect the deal?

Mr. Bowman answered that if the were rezoned or he had the absolute expectancy to be rezoned in 60 days, he could work within that time frame. Mr. Bowman stated that if he had to wait 60 more days to proceed to the next step, that would definitely adversely affect the deal.

Member Baratta asked that if this body deferred this decision for 30-60 days until the Master Plan and Zoning Committee came back with their recommendation and assume that this use is an approved use in that future designation, would that affect the applicant’s timing. If in 30-60 days the Commission has an understanding of what district this is going to be and assume this use is acceptable, the Commission can then come back and re-visit this and properly vote on the request.

Mr. Bowman asked if the use is consistent with what the recommendations will be, would he still be able to proceed under the Freeway Service zoning.

Member Baratta did not know.

Mr. Bowman answered that therein lies the difficulty. The timeframes indicate that within the next 90 days the property should be rezoned.

Member Baratta asked if this request was consistent with what the Master Plan and Zoning Committee has been reviewing.

Deputy Director McBeth stated that the uses the Commission is discussing are consistent with what has been expected to be put into an ordinance that staff would draft and that would be called the Retail Service Overlay. The district would be different from the Freeway Service. It would be an overlay district over the existing OST, Planned Office Service Technology.

Member Baratta asked if that overlay district would allow the uses presented by the applicant.

Deputy Director McBeth confirmed the Committee has been talking about the same types of land uses.

City Attorney Schultz noted that the idea of the retail service overlay hasn’t been approved by a full Commission. The Master Plan and Zoning Committee is composed of four members and hasn’t necessarily gotten into that kind of detail.

Chair Pehrson stated he did not support a straight rezoning from OST to Freeway Service for all of the reasons that were depicted in the letter from Planner Kapelanski and the comments from Member Gutman and Member Cassis. The City is not out to make this a process that is harsh on anyone. The process is there to be fair and balanced and it’s one that with or without these economic times, the Commission would still have the same decision to make and the decision would still be the same. The idea of changing zoning contrary to the Master Plan has never been something that the City has done lightly given the fact there is a process for an applicant to come back with a PRO that establishes the conditions of either this property by itself, or the entire parcel and that is still a valid route to take to address these kinds of things.

Member Cassis stated he does sit on the Master Plan and Zoning Committee and it has been unfortunate that this process has taken so long and there is no blame to anyone. These are very uncertain economic times. The applicant may say having an answer in 30 days would work for him, but being a business man Member Cassis knows how fragile the economy is in this state and in Novi. Mr. Bowman may say that 60 days will be okay, but he might be wrong. What is really preventing the Planning Commission from giving Mr. Bowman what he is asking for, which is the Freeway Service zoning, and let him take his chances before us at another meeting as to whether he made a wise choice or not.

Motion made by Member Cassis, seconded by Member Baratta:

Consideration of the request of Hotel Baronette for a recommendation to City Council for Phasing Plan approval. The subject property is located in Section 14, east of Novi Road and south of Twelve Mile Road in the RC, Regional Center District. The subject property is approximately 6.3 acres and the applicant is proposing three phases of work to be done to the property. This first phase would include the improvements to the exterior of the proposed restaurant space. The second phase would include the improvements to the Twelve Oaks Mall entrance drive. The third phase would include the construction of the three story 5,688 square foot addition.

Planner Kapelanski stated that the applicant is proposing to construct a 5,000 square foot addition on the southwest corner of the existing Hotel Baronette. The Final Site Plan has been approved administratively and the staff is awaiting the submittal of stamping sets. Recently, the applicant indicated that due to economic constraints, the addition could not be constructed at this time. Therefore, the applicant has decided to phase the development and amend the approved plan to reflect this change. The phasing plan before the Commission this evening proposes three separate phases. As stated, Phase I would include the extension of the restaurant patio area and related changes; Phase II would include the reconfiguration of the Twelve Oaks Mall entrance drive; and Phase III would be the proposed addition. All staff and consultant review letters recommend approval of the phasing plan.

Steven Wickens, the applicant, came forward and stated that he is the owner of the Hotel Baronette and is available to answer any questions. The hotel is in the middle of a renovation and has had to cut back a little bit. They are proposing to cut back on the addition on the front and are reconfiguring some space inside to address the needs of that area. The applicant asked for approval of the phasing plan.

Member Gutman stated that it seems like a very straightforward and simple matter.

Motion made by Member Gutman, seconded by Member Cassis:

Member Meyer welcomed the applicant’s idea of phasing in the plan and applauded his efforts to upgrade and take what has been a jewel and make it even better, particularly in light of the economic challenges we face at this time.